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WA Home Builder Missing Completion Dates - Next Step?

Discussion in 'Property Law Forum' started by Cassandra4, 29 January 2015.

  1. Cassandra4

    Cassandra4 Well-Known Member

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    Hi there,

    I posted on here 2 months ago an received some great advice, which led to a signed agreement between the builder and myself to extend the original contract, as they had not completed the works in this period. The new date has now passed, and from this time (as written into the signed agreement), I will be getting a small compensation package.

    However, since the second completion date has passed - what avenues do I now have? Do I just have to sit back and wait, or can I request a new completion date? I am well aware that they may provide a new date and continuously go over that... Which I am worried about (since signing new reviews have come to light and seems the builder is notorious for not delivering work on time).

    There is no reasoning to the builder not meeting the new completion date. We are consistently told there are no delays (which I have written evidence of), yet we are literally waiting month's between each stage of work.

    FYI our slab was down January 2014, initial contact end date was November 2014, extension of contract was January 2015 (exact dates withheld)

    Thank you in advance. If I can provide you with more information, please don't hesitate to ask me.
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi Cassandra,
    Have you been keeping on the builder to complete the work (in writing)? How have you progressed?
     
  3. Cassandra4

    Cassandra4 Well-Known Member

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    We have had fortnightly updates from the builder... Which sometimes don't always happen! But we have consistently asked for progress reports in writing. We have also asked for a schedule of future works which they just ignore. When things have actually happened, we haven't been notified... but I'm not quite sure of the protocol (?!). But we do have in writing that there will be no delays... Etc. and then suddenly there are delays (which I think are more cash flow issues, but I'm just speculating).

    When we were given the "letter of extension" which was an agreement both parties signed we were told that it was ample time to complete works - but we are only at a stage where we are waiting for tiles now...

    I'm just not sure how to approach them now that the second completion date has passed. Can we ask for a new completion date? Can we ask why they didn't meet the new completion date? I'm worried they have every right to just "take their time" :(
     
  4. Amanda E

    Amanda E Well-Known Member

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  5. Cassandra4

    Cassandra4 Well-Known Member

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    Thanks - I was hoping I could find out more information since they've gone past a SECOND completion date, so not sure if those answers in my past thread still apply!

    Does anyone else have some info?
     
  6. Michael T

    Michael T Well-Known Member

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    The previous answers still apply. For example, have you gone through the Department of Commerce: Building Commission for building delays: dispute resolution? This was suggested in a previous response
     
  7. Cassandra4

    Cassandra4 Well-Known Member

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    No we haven't made a formal complaint yet but have looked into the process. I just don't know if my complaint would be justified, as in... I have spoke with the building commission and they are able to provide extensions of contract. I guess as they haven't delivered within the extension of contract though, maybe a complaint might be something I look into... Or would it work if I say to the builder first (as you have to try and come to a resolution with them first), that they provide me with reasons why the build is so delayed etc and then if I'm not satisfied, then I make a complaint?

    Honestly I guess I just want to make the builder finish the build and I'm worried a complaint may delay the build further rather than speed it up...!
     

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